GTC & customer information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Customer Specifications
10. Special Conditions for Assembly / Workshop Services
11. Redemption of Promotional Vouchers
12. Redemption of Gift Vouchers
13. Kultklub Loyalty Program
14. Applicable Law
15. Place of Jurisdiction
16. Code of Conduct
17. Alternative Dispute Resolution

1) Scope of Application

1.1

These General Terms and Conditions (hereinafter “GTC”) of mofakult GmbH (hereinafter “we/us”) apply to all contracts for the delivery of goods concluded between you as a consumer or entrepreneur (hereinafter “you”) and us regarding the goods presented in our online shop. The inclusion of your own terms and conditions is hereby rejected unless otherwise agreed with you.

1.2

These GTC shall apply accordingly to contracts for the delivery of vouchers unless otherwise stipulated.

1.3

These GTC shall apply accordingly to contracts for the delivery of tickets unless expressly agreed otherwise. These GTC solely govern the sale of tickets for specific events described in more detail in the respective product description and not the execution of those events themselves. The statutory provisions governing the relationship between you and the organiser, as well as any differing terms of the organiser, shall apply exclusively to the execution of the event. Unless we are also the organiser, we are not liable for the proper execution of the event, which is solely the responsibility of the respective organiser.

1.4

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.5

An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when entering into a legal transaction.

2) Conclusion of Contract

2.1

The product descriptions contained in our online shop do not constitute binding offers on our part but serve as an invitation for you to submit a binding offer.

2.2

You may submit your offer using the online order form integrated into our online shop. By placing the selected goods into the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer relating to the goods contained in the shopping cart by clicking the button concluding the ordering process. You may also submit your offer to us by email or telephone.

2.3

We may accept your offer within five days:

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by you is decisive, or
• by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the above alternatives apply, the contract shall come into existence at the time when one of the above alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends upon expiry of the fifth day following the dispatch of the offer. If we do not accept your offer within this period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4

If you select a payment method offered via PayPal, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at:
https://www.paypal.com/de/legalhub/paypal/useragreement-full

If you do not have a PayPal account, the terms for payments without a PayPal account shall apply, available at:
https://www.paypal.com/de/legalhub/paypal/privacywax-full

If you choose a payment method offered by PayPal during the online ordering process, we hereby declare acceptance of your offer at the moment you click the button concluding the ordering process.

3) Right of Withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in our withdrawal policy.

3.3

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are located outside the European Union at the time the contract is concluded.

3.4

Unless otherwise agreed, there is no right of withdrawal for contracts concerning services related to leisure activities if the contract provides for a specific date or period for performance. Accordingly, the right of withdrawal is also excluded for contracts concerning the sale of tickets for scheduled leisure events.

4) Prices and Payment Terms

4.1

Unless otherwise stated in the product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which must be borne by you. These include, for example, transfer fees charged by banks (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with money transfers if the delivery is not made to a country outside the European Union but payment is made from a country outside the European Union.

4.3

The available payment methods are communicated to you in our online shop.

4.4

If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless a later due date has been agreed.

5) Delivery and Shipping Conditions

5.1

If we offer shipment of the goods, delivery shall be made within the delivery area specified by us to the delivery address provided by you unless otherwise agreed. The delivery address stated during order processing is decisive.

5.2

For goods delivered by freight forwarding, delivery shall be made “free curbside”, meaning to the nearest public curb at the delivery address unless otherwise stated in the shipping information in our online shop or otherwise agreed.

5.3

If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This shall not apply to shipping costs if you effectively exercise your right of withdrawal. In the event of an effective withdrawal, the provisions set out in our withdrawal policy shall apply to return shipping costs.

5.4

If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to you as soon as we hand over the goods to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If you act as a consumer, the risk shall generally pass only upon handover of the goods to you or a person authorised to receive them. Notwithstanding the foregoing, the risk shall pass to you even as a consumer once we hand over the goods to the freight forwarder or carrier if you commissioned the freight forwarder, carrier or other designated shipping person or institution and we had not previously named this person or institution to you.

6) Retention of Title

If we make advance performance, we retain ownership of the delivered goods until full payment of the purchase price owed.

6.1

With regard to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.

6.2

With regard to entrepreneurs, the seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been fully settled.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions regarding liability for defects shall apply.

7.1

If you act as an entrepreneur:

• we shall have the choice of the type of subsequent performance,
• the limitation period for defect claims for new goods shall be one year from delivery of the goods,
• defect claims for used goods shall be excluded,
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2

If you act as a consumer, the following applies to contracts for the delivery of used goods: the limitation period for defect claims shall be one year from delivery of the goods if this has been expressly and separately agreed between us and you were specifically informed of the shortening of the limitation period before submitting your contractual declaration.

8) Liability

The seller shall be liable to you from all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1

We shall be liable without limitation for any legal reason:

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise unless otherwise regulated,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2

If we negligently breach an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract unless unlimited liability applies pursuant to the preceding section.

8.3

Any further liability on our part shall be excluded.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1

If, according to the content of the contract, we owe not only the delivery of goods but also the processing of the goods according to your specifications, you must provide us with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by us and grant us the necessary rights of use. You alone are responsible for procuring and acquiring rights to this content.

10) Special Conditions for Assembly / Workshop Services

10.1

These provisions apply to all workshop, repair, service, tuning and custom services for vehicles or vehicle components (“work services”) performed by mofakult.

10.2

Work services are performed within the framework of a contract for work and services in accordance with §§ 631 et seq. BGB.

10.3

The scope of services is determined by:

• the written order confirmation,
• the online booking,
• the specifically agreed service description.

10.4

If customer-supplied parts are installed, this shall be at the customer’s risk. mofakult assumes no warranty for:

• quality,
• suitability,
• approval capability,
• compatibility.

11) Redemption of Promotional Vouchers

11.1

Vouchers issued free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by you (“promotional vouchers”) may only be redeemed in our online shop and only within the specified period.

11.2

Certain products may be excluded from the voucher campaign if such restriction results from the content of the promotional voucher.

12) Redemption of Gift Vouchers

12.1

Vouchers that can be purchased through our online shop (“gift vouchers”) may only be redeemed in our online shop unless otherwise stated in the voucher.

12.2

Gift vouchers and remaining balances are redeemable until the end of the third year following the year of voucher purchase.

13) Kultklub Loyalty Program

13.1 Eligibility

All natural persons aged 18 or older who have a valid customer account in the online shops of mofakult.ch, mofakult.de, mofakult.at, mofakult.be, mofakult.dk, mofakult.fi, mofakult.fr, mofakult.it, mofakult.lu, mofakult.nl, mofakult.pt, mofakult.es or mofakult.se are eligible to participate.

13.2 Membership

By creating a customer account, the customer automatically becomes a member of the Kultklub free of charge.

13.3 Collection of Kult Points

Members can collect points (“Kult points”) through activities such as:

• placing an order in the online shop,
• submitting a product review,
• subscribing to the newsletter,
• recommending a friend,
• improving a poor product description,
• publishing a wishlist.

13.4 Abuse

Any misuse of the Kultklub is prohibited, including:

• manipulation of point acquisition,
• use of multiple accounts by the same person,
• false information in reviews or product descriptions,
• unauthorised redemption of vouchers.

14) Applicable Law

14.1

All legal relationships between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

15) Place of Jurisdiction

If you act as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.

16) Code of Conduct

• We have submitted to the participation conditions of the eCommerce initiative “Fairness im Handel”:
  https://www.fairness-im-handel.de/teilnahmebedingungen/
• We comply with the guidelines for “Google Customer Reviews”:
  https://support.google.com/merchants/topic/7105962
• We comply with the Trusted Shops quality criteria:
  https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

17) Alternative Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Version: 23.02.2026, 08:27:59